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STATE v. WASHINGTON

No. 46.

195 S.E.2d 534 (1973)

283 N.C. 175

STATE of North Carolina v. Junior Lee WASHINGTON.

Supreme Court of North Carolina.

April 11, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, and Asst. Atty. Gen. Thomas B. Wood, for the State.

Barrington, Smith & Jones, P. A. by Carl A. Barrington, Jr., and Henry W. Witcover, Fayetteville, for defendant-appellant.

BOBBITT, Chief Justice.

Defendant was convicted at the 13 November 1972 Session of felonies committed on 2 August 1972. Both events occurred after the decision of the Supreme Court of the United States in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), and before the decision of this Court in State v. Waddell, 282 N.C. 431, 194 S.E.2d 19

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